What happens to my Will if there`s no Power of Attorney?

lakesman

Hi Forum,


My beautiful wife passed away on the 28th April.


We both had Wills and were each other`s Executor. I`ve just finished dealing with my wife`s Will which raised a question.


When I die what will happen to my Estate and the content of my Will if there`s no Lasting Power of Attorney?


There was just the two of us, we don`t have any family or anyone else.


We both left our Estate to an animal charity, would they act as Executor?


Thanks,
lakesman

unforeseen

Power of Attorney ceases immediately on death.

If there is no surviving executor or any executors renounce the post then I believe that a beneficiary can apply to act as the deceased's personal representative to deal with the will.

jrtfan

I'm sorry for your loss.

I believe they're two different things. The Lasting Power of Attorney is where you legally nominate one or more people to run your affairs or make medical decisions on your behalf - based on your stated instructions, in both instances - if you cannot do these things yourself (say, if you were temporarily or permanently incapacitated following an accident, for example). The Executor is a person or persons who you nominate in your Will, to look after your Estate after you die.

If you haven't nominated an Executor then I think a beneficiary may apply to become a representative instead.

TBagpuss

I'm sorry for your loss.

When you made your wills, did you provide for an alternate executor? If your will was drawn up by a solicitor they would normally have advised you to include provisions for what would happen if one of you pre-deceased the other.

However, it would be sensible for you to review, and if necessary, update your will now.

You can appoint the charity as executor, although be careful how you word it. It does also depend a little on the size of the charity - a smaller charity may not be familiar with the role, and it may be easier for them if you appoint your solicitor as executor.

With a larger charity they will often have specific officers who can deal with this, and you can appoint them 'ex officio' (e.g. "the treasurer and chair for the time being of [name of charity]" - if you see a solicitor to make your will then they would be able to check who to appoint.

It would be sensible to also take advice about a power of attorney - you could appoint a friend or friends, or if you wished, you could appoint your solicitors to this role, (or your solicitor and a friend) and to give them instructions about what you would want.

Brighton_belle

I am very sorry to hear of your loss.
As others have said, A Power of Attorney enables someone to act on your behalf while you are alive. It ceases to exist the moment you die.
A will is a document that only comes into force once you die. So it is generally a good idea to nominate more than one executor if case one of them dies before you.

Mojisola

If you appoint a friend as executor, think about leaving them a small legacy. A lay executor can claim expenses from the estate but can't be paid for their time.

lakesman

Thank you to everyone who has replied.


We were each others Executor. As the survivor I don`t have an Executor. I don`t have P o A in place either which is why I was asking what would happen when I pass away.


When I`m thinking more clearly I must revise everything as has been pointed out.


There was literally just the two of us so I`ll probably have to go down the solicitor route.


Thanks again everyone, your replies have clarified things for me.


Regards,
lakesman

Armchair23

Dear Lakesman
Just take it slowly there's a lot to think about but there's no need to rush.
Take the time you need to mourn your wife and when you feel able come back to what you need to do with your will.
I'm so very sorry for your loss I'm a widow and I know how very hard this time can be.

Warmest Wishes

Keep_pedalling

Armchair23 wrote: »

Dear Lakesman
Just take it slowly there's a lot to think about but there's no need to rush.
Take the time you need to mourn your wife and when you feel able come back to what you need to do with your will.
I'm so very sorry for your loss I'm a widow and I know how very hard this time can be.

Warmest Wishes

Don't leave it too long though these things tend to get put on a back burner then forgotten until it is too late.

Your will definitely needs revising and putting a LPA in place should be the next priority. A LPA is to cover you if you become temporary or perminantely unable to manage your own affairs though something like a stroke or dementia. If you have no family or close friends (preferably younger ones) then you need to find a professional to act as both your executor and attorney.

Alternatively, if you are planning to leave the major part of your estate to a charity, then you could appoint that charity to act as executor.

lakesman

Thank you everyone for your thoughts, sentiments and advice.


I`m not a natural `forum sharer` but this has hit me terribly hard. We were expecting it but not so suddenly. It`s been terrible watching a sharp, intelligent, talented wonderful woman deteriorate so quickly. I`m utterly devastated.


We were together for 48 years. We lost two seperate businesses in the last two UK recessions losing our house, pensions and virtually our shirts. Our `fair weather` friends gradually disappeared so we learned to rely only on each other, there was just the two of us.


I now have to allow myself to grieve and then to re-invent myself as a single person again because, at present, I don`t know who I am anymore.


I do realise however that I shouldn`t delay too long in making alternative arrangements for my affairs in case I walk under a bus which is, potentially, a distinct possibility as I`m 80% blind. My wife was not only my friend and partner but my guide and chauffeuse.


Thank you again everyone.
lakesman

basil92

Sorry for your loss.

I can't offer any other advice than to take your time and remember to look after yourself.